Program : BBA Specialisation : Fintech and Digital Banking,
Digital Marketing Subject Name: Business Law
Unit 1: Topic 1.2
Topic 1.2: Classification of law, Indian
Judiciary System- Structure of Indian
Judiciary (Supreme Court, High Courts,
Lower Courts)
Classification of Law
Classification of Law
1. Natural Law: Natural law is a theory asserting that humans are born with intrinsic (Real or internal) values
like morality and the ability to be rational (logical) in decision-making.
2. Positive Law: Positive or political law refers to laws that are created by human authorities, such as
governments, legislatures, and legal systems. These laws are established to govern and regulate society,
maintain order, and resolve disputes. Positive law is based on written statutes, regulations, and legal
precedents. It is enforceable and binding within a particular jurisdiction.
Positive/Political law divided into two parts (A) National Law (B) International law
(A) National Law: National law refers to the body of legal rules and regulations specific to a country. It
encompasses statutes, regulations, and court decisions established by the government to govern various aspects of
society and protect individual rights. National law serves as the framework for legal rights, obligations, and the
functioning of the legal system within a particular nation. For example, the Indian Constitution guarantees
fundamental rights to Indian citizens, including the right to equality, freedom of speech, and protection against
discrimination.
It is further divided into 2 parts (i) Constitutional law (ii) ordinary or common law.
(B) International Law: International law refers to the set of rules and principles that govern the relationships
between countries. It guides how nations interact with each other and promotes peaceful cooperation and
resolution of disputes. For example, India, as a member of the United Nations, abides by international treaties and
conventions like the Universal Declaration of Human Rights, which protects fundamental rights and freedoms for
people globally. International law helps ensure that countries like India adhere to common standards and work
Indian Judiciary System
Indian administration is guided by three pillars – Legislature, Executives, and Judiciary. Indian Judiciary. In India, we have an
independent judiciary.
Independent Judiciary-
The other organs (legislature, executive) of the government cannot interfere with the functioning of the judiciary
Legislature- a group of people who have the power to make and change laws
Judiciary- the part of a country's government that is responsible for its legal system and that consists of all the judges in its courts
of law.
The judiciary is the branch of government responsible for interpreting and applying the law. It ensures justice, resolves disputes,
and upholds the rule of law. Judges preside over courts and tribunals to make legal decisions that protect individual rights and
maintain the integrity of the legal system
Indian Judiciary system:
The Indian judiciary system is the framework of courts and tribunals responsible for upholding the rule of law and ensuring justice
in the country. At its apex is the Supreme Court, followed by High Courts in each state and district courts at the district level. The
judiciary operates independently of the executive and legislative branches and has the power of judicial review to examine the
constitutionality of laws and executive actions. Judges are appointed based on a consultative process, and the judiciary has the
responsibility of interpreting and applying laws, protecting fundamental rights, and resolving disputes. However, the system faces
challenges such as delays and backlog of cases, for which efforts are being made to improve efficiency. The Indian judiciary
system plays a vital role in safeguarding the rights and liberties of individuals and maintaining the democratic fabric of the
country.
Structure of Indian Judiciary System
Structure of Indian Judiciary System
The Indian judiciary system consists of multiple levels of courts:
Supreme Court: At the top is the Supreme Court, which is the highest judicial body in the country. It has the
power of judicial review and acts as the final appellate court for civil, criminal, and constitutional matters.
High Courts: Each state in India has a High Court. High Courts have jurisdiction over their respective states
and serve as appellate courts for cases from subordinate courts within their jurisdiction. They also have
original jurisdiction to hear certain types of cases directly
District Courts: Below the High Courts are the district courts. Every district in India has a district court. These
courts handle both civil and criminal cases at the district level and serve as the primary trial courts.
Subordinate Courts: Subordinate courts include courts of lower jurisdiction such as civil courts, criminal
courts, family courts, and various specialized tribunals. They are established based on the needs of specific
areas of law and have limited jurisdiction within their designated scope.
Summary!
Summary :
Law can be broadly classified into civil and criminal law, with civil law dealing with disputes between individuals or
organizations and criminal law addressing offenses against the state. The Indian Judiciary System is structured in a
hierarchical manner, with the Supreme Court at the apex, serving as the highest court of appeal and guardian of the
Constitution. Below the Supreme Court are the High Courts, each having jurisdiction over one or more states or union
territories. High Courts oversee the functioning of lower courts within their jurisdiction, which include District Courts
and various subordinate courts such as Magistrate Courts and Family Courts. This hierarchical structure ensures a
systematic process for legal adjudication and appeals, maintaining the rule of law and delivering justice at multiple
levels.
